Bears Ears

Lindsay Whitehurst
Associated Press

SALT LAKE CITY — President Joe Biden will expand two sprawling national monuments in Utah that have been at the center of a public lands tug-of-war that has played out over three presidential administrations, the state’s governor said Thursday.

Gov. Spencer Cox, a Republican, released a statement expressing disappointment in a decision by the administration to expand Bears Ears National Monuments and Grand Staircase-Escalante, which were downsized significantly under President Donald Trump. 

They cover vast expanses of southern Utah where red rocks reveal petroglyphs and cliff dwellings and distinctive twin buttes bulge from a grassy valley. The Trump administration cut Bears Ears, on lands considered sacred to Native American tribes, by 85 percent and slashed Grand Staircase-Escalante by nearly half. 

Cox’s statement did not include specifics how much of the monuments Biden plans to restore, and the White House and the U.S. Interior Department declined immediate comment. 

Cox noted he had offered to work with the administration on a legislative solution.

“The president’s decision to enlarge the monuments again is a tragic missed opportunity — it fails to provide certainty as well as the funding for law enforcement, research, and other protections which the monuments need and which only Congressional action can offer,” he said in the statement released with other state leaders. 

Hopi Chairman Timothy L. Nuvangyaoma said he is “happy” and “grateful for the advocacy of all those related to protecting Bears Ears and for the Hopi tribe” because it means a lot to the clan memberships. 

“For Hopi, this is a significant step forward and the Biden administration did make some commitments to listen to Native America and Biden’s actions does prove that it is happening. We do need to protect these sacred sites that not only the Hopi tribe but other tribes find significant within their history.”

The chairman said he and the vice chairman will be headed to Washington, D.C. 

Interior Secretary Deb Haaland, the first Indigenous Cabinet secretary, traveled to Utah in April to tour the area before preparing a formal recommendation to President Biden. 

Haaland, Laguna Pueblo, visited the monuments, becoming the latest federal official to step into what has been a years-long public lands controversy. https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-0&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1380219354378342404&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fjoe-biden-to-expand-2-utah-national-monuments&sessionId=b31246f3cd0f7ee7df9267183db6a84aa51009f5&theme=light&widgetsVersion=fcb1942%3A1632982954711&width=550px

Utah Sen. Mitt Romney also criticized Biden by saying in a tweet Thursday that he “squandered the opportunity to build consensus” and find a permanent solution for the monuments.

“Yet again, Utah’s national monuments are being used as a political football between administrations,” Romney said. “The decision to re-expand the boundaries of Bears Ears and Grand Staircase-Escalante is a devastating blow to our state, local and tribal leaders and our delegation … today’s “winner take all” mentality moved us further away from that goal.”

Jennifer Rokala, executive director of the Center for Western Priorities, applauded Biden’s decision and said she hopes it marks an initial step toward his goal of conserving at least 30 percent of U.S. lands and ocean by 2030.

“Thank you, President Biden,” Rokala said in a statement. “You have listened to Indigenous tribes and the American people and ensured these landscapes will be protected for generations to come.”https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-1&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1446238172774637571&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fjoe-biden-to-expand-2-utah-national-monuments&sessionId=b31246f3cd0f7ee7df9267183db6a84aa51009f5&theme=light&widgetsVersion=fcb1942%3A1632982954711&width=550px

Trump’s cuts ironically increased the national attention to Bears Ears, Rokala said. She called on the federal government to increase funding to manage the landscape and handle growing crowds.

Interior Secretary Deb Haaland, the first Indigenous Cabinet secretary, traveled to Utah in April to visit the monuments, becoming the latest federal official to step into what has been a yearslong public lands battle.

Former President Barack Obama proclaimed Bears Ears a national monument in 2016. The site was the first to receive the designation at the specific request of tribes.

The Bears Ears buttes, which overlook a grassy valley, are considered a place of worship for many tribes, according to Pat Gonzales-Rogers, executive director of the Bears Ears Inter-Tribal Coalition. The group incudes the Hopi Tribe, Navajo Nation, Ute Mountain Ute Tribe, Pueblo of Zuni and Ute Indian Tribe.

The Trump administration’s reductions to Bears Ears and Grand Staircase-Escalante paved the way for potential coal mining and oil and gas drilling on lands that were previously off-limits. However, activity was limited because of market forces.

Conservative state leaders considered the size of both monuments U.S. government overreach and applauded the reductions.

Environmental, tribal, paleontological and outdoor recreation organizations sued to restore the monuments’ original boundaries, arguing presidents lack legal authority to change monuments their predecessors created. Meanwhile, Republicans argued Democratic presidents have misused the Antiquities Act signed by President Theodore Roosevelt to designate monuments beyond what’s necessary to protect archaeological and cultural resources.

The administration has said the decision to review the monuments was part of an expansive plan to tackle climate change and reverse the Trump administration’s “harmful” policies.

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Indian Country Today contributed to this report.

Environmental Loss

https://us.yahoo.com/news/alaskas-vanishing-salmon-push-yukon-150805244.html

APTOPIX Yukon River Disappearing Salmon Michael Williams scans the shoreline for moose while traveling up the Yukon River on Tuesday, Sept. 14, 2021, near Stevens Village, Alaska. For the first time in memory, both king and chum salmon have dwindled to almost nothing and the state has banned salmon fishing on the Yukon. The remote communities that dot the river and live off its bounty are desperate and doubling down on moose and caribou hunts in the waning days of fall. (AP Photo/Nathan Howard)

NATHAN HOWARD and GILLIAN FLACCUSSat, October 2, 2021, 9:08 AM

STEVENS VILLAGE, Alaska (AP) — In a normal year, the smokehouses and drying racks that Alaska Natives use to prepare salmon to tide them through the winter would be heavy with fish meat, the fruits of a summer spent fishing on the Yukon River like generations before them.

This year, there are no fish. For the first time in memory, both king and chum salmon have dwindled to almost nothing and the state has banned salmon fishing on the Yukon, even the subsistence harvests that Alaska Natives rely on to fill their freezers and pantries for winter. The remote communities that dot the river and live off its bounty — far from road systems and easy, affordable shopping — are desperate and doubling down on moose and caribou hunts in the waning days of fall.

“Nobody has fish in their freezer right now. Nobody,” said Giovanna Stevens, 38, a member of the Stevens Village tribe who grew up harvesting salmon at her family’s fish camp. “We have to fill that void quickly before winter gets here.”

Opinions on what led to the catastrophe vary, but those studying it generally agree human-caused climate change is playing a role as the river and the Bering Sea warm, altering the food chain in ways that aren’t yet fully understood. Many believe commercial trawling operations that scoop up wild salmon along with their intended catch, as well as competition from hatchery-raised salmon in the ocean, have compounded global warming’s effects on one of North America’s longest rivers.

The assumption that salmon that aren’t fished make it back to their native river to lay eggs may no longer hold up because of changes in both the ocean and river environments, said Stephanie Quinn-Davidson, who has worked on Yukon River salmon issues for a decade and is the Alaska Venture Fund’s program director for fisheries and communities.

King, or chinook, salmon have been in decline for more than a decade, but chum salmon were more plentiful until last year. This year, summer chum numbers plummeted and numbers of fall chum — which travel farther upriver — are dangerously low.

“Everyone wants to know, ‘What is the one smoking gun? What is the one thing we can point to and stop?’” she said of the collapse. “People are reluctant to point to climate change because there isn’t a clear solution … but it’s probably the biggest factor here.”

Many Alaska Native communities are outraged they are paying the price for generations of practices beyond their control that have caused climate change — and many feel state and federal authorities aren’t doing enough to bring Indigenous voices to the table. The scarcity has made raw strong emotions about who should have the right to fish in a state that supplies the world with salmon, and underscores the powerlessness many Alaska Natives feel as traditional resources dwindle.

The nearly 2,000-mile-long (3,200-kilometer) Yukon River starts in British Columbia and drains an area larger than Texas in both Canada and Alaska as it cuts through the lands of Athabascan, Yup’ik and other tribes.

The crisis is affecting both subsistence fishing in far-flung outposts and fish processing operations that employ tribal members in communities along the lower Yukon and its tributaries.

“In the tribal villages, our people are livid. They’re extremely angry that we are getting penalized for what others are doing,” said P.J. Simon, chairman and chief of the Tanana Chiefs Conference, a consortium of 42 tribal villages in the Alaska interior. “As Alaska Natives, we have a right to this resource. We have a right to have a say in how things are drawn up and divvied up.”

More than a half-dozen Alaska Native groups have petitioned for federal aid, and they want the state’s federal delegation to hold a hearing in Alaska on the salmon crisis. The groups also seek federal funding for more collaborative research on effects that ocean changes are having on returning salmon.

Citing the warming ocean, Republican Gov. Mike Dunleavy requested a federal disaster declaration for the salmon fishery this month and has helped coordinate airlifts of about 90,000 pounds (41,000 kilograms) of fish to needy villages. The salmon crisis is one of the governor’s top priorities, said Rex Rock Jr., Dunleavy’s advisor for rural affairs and Alaska Native economic development.

That’s done little to appease remote villages that are dependent on salmon to get through winter, when snow paralyzes the landscape and temperatures can dip to minus 20 degrees Fahrenheit (minus 29 C) or lower.

Families traditionally spend the summer at fish camps using nets and fish wheels to snag adult salmon as they migrate inland from the ocean to the place where they hatched so they can spawn. The salmon is prepared for storage a variety of ways: dried for jerky, cut into fillets that are frozen, canned in half-pint jars or preserved in wooden barrels with salt.

Without those options, communities are under intense pressure to find other protein sources. In the Alaska interior, the nearest road system is often dozens of miles away, and it can take hours by boat, snow machine or even airplane to reach a grocery store.

Store-bought food is prohibitively expensive for many: A gallon (3.8 liters) of milk can cost nearly $10, and a pound of steak was recently $34 in Kaltag, an interior village about 328 air miles (528 kilometers) from Fairbanks. A surge in COVID-19 cases that has disproportionately hit Alaska Natives has also made many hesitant to venture far from home.

Instead, villages sent out extra hunting parties during the fall moose season and are looking to the upcoming caribou season to meet their needs. Those who can’t hunt themselves rely on others to share their meat.

“We have to watch our people because there will be some who will have no food about midyear,” said Christina Semaken, a 63-year-old grandmother who lives in Kaltag, an Alaska interior town of fewer than 100 people. “We can’t afford to buy that beef or chicken.”

Semaken hopes to fish next year, but whether the salmon will come back remains unknown.

Tribal advocates want more genetic testing on salmon harvested from fishing grounds in Alaska waters to make sure that commercial fisheries aren’t intercepting wild Yukon River salmon. They also want more fish-tracking sonar on the river to ensure an accurate count of the salmon that escape harvest and make it back to the river’s Canadian headwaters.

Yet changes in the ocean itself might ultimately determine the salmon’s fate.

The Bering Sea, where the river meets the ocean, had unprecedented ice loss in recent years, and its water temperatures are rising. Those shifts are throwing off the timing of the plankton bloom and the distribution of small invertebrates that the fish eat, creating potential chaos in the food chain that’s still being studied, said Kate Howard, a fisheries scientist with the Alaska Department of Fish and Game. Researchers have also documented warming temperatures in the river that are unhealthy for salmon, she said.

Because salmon spend time in both rivers and the ocean during their unique life cycle, it’s hard to pin down exactly where these rapid environmental changes are most affecting them — but it’s increasingly clear that overfishing is not the only culprit, Howard said.

“When you dig into all the available data for Yukon River salmon,” she said, “it’s hard to explain it all unless you consider climate change.”

Alaska Natives, meanwhile, are left scrambling to fill a hole in their diet — and in centuries of tradition built around salmon.

On a recent fall day, a small hunting party zoomed along the Yukon River by motorboat, scanning the shoreline for signs of moose. After three days, the group had killed two moose, enough to provide meat for seven families, or about 50 people, for roughly a month in their small community of Stevens Village.

At the end of a long day, they butchered the animals as the Northern Lights blazed a vibrant green across the sky, their headlamps piercing the inky darkness.

The makeshift camp, miles from any road, would normally host several dozen families harvesting salmon, sharing meals and teaching children how to fish. On this day, it was eerily quiet.

“I don’t really think that there is any kind of bell out there that you can ring loud enough to try to explain that type of connection,” said Ben Stevens, whose ancestors founded Stevens Village. “Salmon, to us, is life. Where can you go beyond that?”

Line 3

https://indiancountrytoday.com/news/line-3-replacement-complete-oil-will-flow-soon

We just cannot stop with the craziness……

Indian Country Today

A controversial pipeline project in northern Minnesota is complete and oil is scheduled to start flowing this week.

Enbridge’s Line 3 pipeline project will carry oil as soon as Friday despite months-long protests against it. The Canadian-based company’s president and CEO, Al Monaco, said in a statement that the pipeline “will soon deliver the low-cost and reliable energy that people depend on every day.”

The project was completed despite stiff opposition from tribes, environmentalists and others who argued that the 1,097-mile pipeline — including the 337-mile segment across Minnesota — would violate treaty rights, worsen climate change and risk spills in waters where Native Americans harvest wild rice.

It will carry oil from Alberta’s tar sands, a heavier crude that consumes more energy and generates more carbon dioxide in the refining process than lighter oil.

(Follow ICT’s Enbridge coverage: A Pipeline Runs Through It)

The Indigenous Environmental Network said in a statement that the fight to stop Line 3 is “far from over, it has just shifted gears.”

“Do not think we are going quietly into the night, we will continue to stand on the frontlines until every last tar sands pipeline is shut down and Indigenous communities are no longer targeted but our right to consent or denial is respected,” the statement read. https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-0&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH0sInRmd192ZGxfY2hpcnBfMTI3OTQiOnsiYnVja2V0IjoidmRsX2FuZF9jaGlycCIsInZlcnNpb24iOjN9fQ%3D%3D&frame=false&hideCard=false&hideThread=false&id=1443257631909552131&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fline-3-replacement-complete-oil-will-flow-soon&sessionId=e83d7d2c8dcbe577a26546109a1b478af7a8df93&theme=light&widgetsVersion=1890d59c%3A1627936082797&width=550px

 Winona LaDuke, a citizen of the White Earth Band of Anishinaabeg and executive director of Honor the Earth, vowed to continue the opposition.

“Line 3 is a crime against the environment and Indigenous rights, waters and lands, and it marks the end of the tar sands era — but not the end of the resistance,” she said.https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-1&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH0sInRmd192ZGxfY2hpcnBfMTI3OTQiOnsiYnVja2V0IjoidmRsX2FuZF9jaGlycCIsInZlcnNpb24iOjN9fQ%3D%3D&frame=false&hideCard=false&hideThread=false&id=1443255575689695233&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fline-3-replacement-complete-oil-will-flow-soon&sessionId=e83d7d2c8dcbe577a26546109a1b478af7a8df93&theme=light&widgetsVersion=1890d59c%3A1627936082797&width=550px

 In a statement, Camp Migizi promised to remain an open camp and to disrupt and stop pipeline work. More than 900 people have been arrested or ticketed at protests along the route since construction began in December.

“We ask that you remember us, as we will still be here, fighting to protect all that is sacred, even if they build line 3,” read the statement.. “Our community that we have built here will still remain, and we ask that you remember that just like all of the Indigenous communities we have come from we are still here, learning, fighting, and healing.”

The main remaining tasks are cleanup and restoration along the route, said Leo Golden, an Enbridge vice president in charge of the project. Some parts have already been restored with crops and native grasses growing on them, he said. But construction mats still need to be removed from wetlands and other cleanup work will continue through next summer.

Golden said officials do not expect to get the final sign-offs from landowners along the route until next summer.

Enbridge said the project was necessary to replace a deteriorating pipeline built in the 1960s, which could carry only half its original volume of oil, and to ensure the reliable delivery of crude to U.S. refineries. Enbridge expects to start running the pipeline at its full capacity of 760,000 barrels per day in mid-October.

Line 3 starts in Alberta, Canada, and clips a corner of North Dakota before crossing Minnesota en route to Enbridge’s terminal in Superior, Wisconsin. The Canadian, North Dakota and Wisconsin segments were finished earlier and the Canadian and Wisconsin legs are already in service.

Water protectors tour an Enbridge Line 3 construction site near Park Rapids, Minnesota, on June 6, 2021. (Photo by Mary Annette Pember/Indian Country Today)

Water protectors tour an Enbridge Line 3 construction site near Park Rapids, Minnesota, on June 6, 2021. (Photo by Mary Annette Pember/Indian Country Today)

The process of filling the line starts in North Dakota on Friday, Golden said. Enbridge puts the cost at $5.3 billion Canadian dollars for the Canadian section and $4 billion U.S. dollars for the work in the U.S.

Opponents have challenged the pipeline’s permits in court to no avail so far. They’ve also unsuccessfully sought to persuade Biden, who canceled a key permit for the Keystone XL pipeline soon after taking office, to intervene.

(Related: ‘Rights of nature’ cases could bolster treaty guarantees)

A challenge is still pending in federal court to a permit granted by the U.S. Army Corps of Engineers, but that case didn’t block construction. Opponents can still ask the state Supreme Court to review a clean water certification granted by the Minnesota Pollution Control Agency.

Also, a novel “rights of nature” lawsuit is pending in the White Earth Ojibwe tribal court. It names Manoomin, or wild rice, as one of the plaintiffs. The Minnesota Department of Natural Resources has asked a federal appeals court to block the case.

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The Associated Press contributed to this reportA Pipeline Runs Through ItEnbridge, Pipeline, Protest, Line 3Line 3

Colonial Law Full Steam Ahead

Lakota Law header

Have you heard of a court case called Brackeen v. Haaland? If you’ve followed our communications for any length of time, you likely recognize one of those names. Indeed, U.S. Secretary of the Interior Deb Haaland — the first Native Cabinet secretary in U.S. history — is already under legal attack. And it probably won’t surprise you that the powerful entities behind this threat include the State of Texas and lawyers representing Big Oil.   

But it’s not just Secretary Haaland being targeted. The suit, which seeks to overturn the Indian Child Welfare Act, directly targets Native children and families. And because of the specific legal argument in play, it could also mean the end of tribal mineral rights, gaming revenues, Indian law as we know it, and ultimately our sovereignty as Indigenous nations. It’s not an overstatement to say our entire future could be at stake with a single decision — and that choice will now be made by a conservative-majority Supreme Court.

Lakota Law

Please read our comprehensive blog on this case to learn more. From there, immediately take action by signing and widely sharing our petition to President Joe Biden and Department of Justice attorneys. Tell them it’s absolutely critical they protect Native children and safeguard Indigenous rights!

Right now — even as I drive from South Dakota to Minnesota in support of my Indigenous relatives fighting the Line 3 pipeline — the high court is deciding whether or not to hear this case. We will keep you updated every step of the way. This may well be the most important decision the Supreme Court has ever made in relation to Native justice. Please help us spread the word and stop this unconscionable attack on our Indigenous communities.

Wopila tanka — thank you for helping us stand up to racist colonial law.
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Climate Change

https://indiancountrytoday.com/news/drastic-changes-sea-ice-levels-affecting-seal-hunting

Meghan Sullivan
Indian Country Today

The first time Inupiaq elder Bobby Schaeffer was old enough to join the community hunt for ugruk, or bearded seal, his dad taught him a critical lesson: always be observant, and always look at the whole picture.

Schaeffer was only 14 then, but he never forgot this advice. He thought of it every spring when he ventured out on to the glacial waters of Alaska’s northwest coast, navigating ice fields and powerful currents, to reach the resting ugruk.

He also thought of it as he began to notice unusual changes in the sea, ones that threatened to interrupt the thousand-year-old Inupiaq tradition that he looked forward to each year.

Decades after his first hunt, Schaeffer’s observations have become a key part of a recently released research project about climate change’s impact on the regional ugruk. The study revealed an unignorable trend: Kotzebue’s seal hunting season has shrunk about one day per year over the last 17 years, primarily due to a decline in sea ice.

It confirmed what Schaeffer and other Kotzebue elders had already suspected.

“We started noticing drastic changes from the time we normally hunt — changes from each decade, starting in the 60s through the 2000s,” Schaeffer said. His village, Kotzebue, sits on the top northwest of Alaska’s Arctic coastline. With a population of just over 3,000 people, it’s considered a hub for other, smaller villages in the region.

A Kotzebue hunter looks out on the sound. 

A Kotzebue hunter looks out on the sound. 

Photo courtesy of University of Alaska Fairbanks, 2021.

The findings were part of the Ikaagvik Sikukun project, a collaborative effort between University of Alaska in Fairbanks scientists, Inupiat elders, and Kotzebue hunters. Over the course of one and a half years, the team used state of the art satellite imagery, local observations, and traditional Indigenous knowledge to quantify shifts in the surrounding environment.

The combined data determined that sea ice breaks up approximately 22 days earlier than it did in the first years of the study, leading to a shortened hunting season.

It’s a noteworthy development in a region known for its frozen coasts and wintery climate. Like many systems in the area, ugruk hunting is closely linked to a season’s ice conditions. In spring, ugruk follow the melting Chukchi Sea ice edge north towards the Kotzebue Sound. Once there, they rest on floating ice chunks, known as floes, and feed off the area’s abundant fish, shrimp and clams. This is when those in Kotzebue begin their annual hunt.

“We learned from our Kotzebue research partners that hunting ugruk is actually like hunting the right kind of ice,” said Donna Hauser, a marine mammal biologist at the university’s International Arctic Research Center and co-leader of the research project.

The village has already begun adapting to the new conditions. So far, it has mostly affected the hunting process rather than the harvest’s success. The lack of ice means less intensive journeys, and quicker, more frequent trips. The limited habitat also causes seals to gather closer together, making them easier to track and hunt. But while the shorter season hasn’t wiped out the seal harvest, the rapid shift still leaves troubling questions for the coming years.

“Hunters seem to have compensated for the reductions in the amount of time they can hunt ugruk. However, it’s also possible to imagine a future scenario where ice is farther from shore, hunting requires more searching, possibly in big stretches of more dangerous open water, and could result in reduced success in the future,” Hauser said.

Bearded seals sitting on the ice edge in Kotzebue Sound.

Bearded seals sitting on the ice edge in Kotzebue Sound.

Photo courtesy of Jessie Lindsay, NMFS MMPA Permit No. 19309, 2021

“The Arctic works best when it’s cold. The colder, the better. Because everything’s adapted for that, including the opportunities that people need to have for hunting,” said Alex Whiting, Inupiaq, who is the Director of Kotzebue’s Environmental Program.

The ugruk are only a part of the equation. In the interconnected ecosystem of the Arctic, one small adjustment can throw the whole food chain off balance. Schaeffer has also noticed changes in erosion, shellfish, whales, fish, and birds. With less to feed on, the ugruk are skinnier, and therefore provide for fewer families.

“​​It’s expected to continue to accelerate and get worse. And so it’s going to impact food security, and our way of life,” Whiting said.

Alaskan villages like Kotzebue can be extremely remote. Many aren’t connected to roads, and are only reachable by plane or boat. Even then, harsh weather conditions make transportation unpredictable. This dynamic can lead to unreliable cargo shipments and high grocery prices, heightening the need for subsistence hunting and fishing.

But the ugruk harvest means more than just food security. The tradition has been a part of Inupiat culture since time immemorial, and plays an important role in community bonding and generational ties.

“It’s a challenge for food security, but it’s also a challenge for having maximum opportunities to perpetuate cultural traditions and knowledge to future generations,” Whiting said. “It’s harder to train the next generation with activities that are becoming more difficult or not even happening anymore.”

Schaeffer believes the environmental problems are worsening an already existing disconnect between generations.

“I think the generational gap is probably the biggest problem. We have very few elders left in the community that can remember what they were taught by the elders of the past,” he said. “And now the new generation doesn’t take their children out to hunt as much as they used to.”

Some years the warning signs are more noticeable than others. In 2018 and 2019, the Kotzebue Sound sat empty, free from the ice chunks that usually crowded the surface. They were only 30 miles from the Arctic circle, but it might as well have been hundreds of miles south.

Whiting has been keeping a journal tracking such changes since 2002. In his initial research as the environmental program’s director, he consistently came across written observations from past explorers, anthropologists, and scientists. The entries dated back to the 1900s, but became less frequent overtime. He decided that it could be useful to revive the old practice with his own written recordings, after a dramatic snow storm swept through the village in the middle of summer.

“In the present, what you write about common places and common knowledge is not all that interesting. But as time passes, the information gets more interesting and also more valuable,” he said.

He didn’t have to wait long for his prediction about the journal’s future importance to come true. His daily observations ended up providing ideal qualitative detail to the study’s satellite imagery.

Inupiaq hunter Bobby Schaeffer.

Inupiaq hunter Bobby Schaeffer.

Photo courtesy of University of Alaska Fairbanks, 2021

Kotzebue input was an essential element of the entire scientific process. In addition to using local recordings and elders’ insights to augment data, the research team worked with the village to craft relevant questions and determine the most pressing concerns.

“It’s a way to hold researchers accountable, because they’ve been coming to the Arctic for decades and just doing their own thing — not being very responsive to the people here or acknowledging us,” Whiting said.

Schaeffer agreed. He was used to scientists coming to Kotzebue without including Indigenous guidance, or even considering the value of traditional knowledge.

“This is unfortunate because we’re the ones that live it. We’ve seen how the damage is done to date. So it’s important for us to be involved,” he said. “We were lucky to get someone like (University of Alaska Fairbanks) on board this time.”

The benefits of the partnership were evident to everyone involved.

“I hope that our research approach, which centered Indigenous-led research questions and perspectives, can be an example for other scientists to learn from and re-examine their own approaches,” Hauser said. “I also think we did better and more complete science as a result of our collaborative approach.”

Hauser sees the project as a promising example for future studies.

“Our Ikaagvik Sikukun research project is ending, but we have built collaborations that will propel some of these questions and issues forward in Kotzebue and other communities as well,” she said.

Despite the program’s success, Schaeffer can’t help but worry what the future holds for his community and the practice that has sustained them for centuries.

“It’s scary to look at it in a negative way, but how else can you look at it unless something is done about it? What are the ugruk going to do to adapt, and what are we going to do to adapt?” he asked. “I guess time will tell.”

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Our stories are worth telling. Our stories are worth sharing. Our stories are worth your support. Contribute $5 or $10 today to help Indian Country Today carry out its critical mission. Sign up for ICT’s free newsletter. TagsClimate ChangeAlaska Natives

Meghan Sullivan

By Meghan Sullivan

Meghan Fate Sullivan, Koyukon Athabascan, is a former Stanford Rebele Fellow turned special correspondent for Indian Country Today, currently reporting on and producing ICT’s ANCSA 50 project. She grew up in Alaska, and reports on her home state from our Anchorage Bureau. Follow her on Twitter: @mfatesully.

Roswell Schaffer, an Iñupiaq elder and hunter from Kotzebue, Alaska, who helped co-author the study. (Photo courtesy of Sarah Betcher, Farthest North Films, 2021)

Line 3 News

Lakota Law

I have good news for you from the Line 3 front! This past weekend in Minnesota, I joined four members of “the Squad”  — U.S. Reps. Ayanna Pressley, Rashida Tlaib, Cori Bush, and Ilhan Omar — to increase pressure on President Joe Biden to #StopLine3. As a Lakota elder and the former Standing Rock tribal liaison to the Oceti Sakowin camp during the NoDAPL struggle, I deeply understand the heartache my Anishinaabe relatives feel as this toxic pipeline invades their sacred lands and waterways — and I’m extremely grateful to these brave elected leaders for their solidarity.

Lakota Law

Watch: I was honored to join Anishinaabe relatives and Congress members in support of the #StopLine3 movement at the frontlines this past weekend. I’m in the blue shirt to the right of Cori Bush!

Our Lakota team at the frontline included our co-director, Chase Iron Eyes, and the Squad was joined by Minn. State Sen. Mary Kunesh (a descendant of Standing Rock). As you know, the Indigenous women leading this fight — like Taysha Martineau of Camp Migizi, Tara Houska of Camp Giniw, and Winona Laduke of Honor the Earth — need all the support we can provide at the frontlines. It’s a meaningful step that the congresswomen, all of whom also signed onto a letter asking the president to intercede at Line 3, gave of their time and energy to visit resistance camps and amplify the struggle.
 
Notably, Alexandria Ocasio-Cortez (who decided to run for Congress while at Standing Rock in 2017, and whom I remember vividly as a friendly young woman in blue jeans) was also scheduled to come to the frontlines, but Hurricane Ida forced her to stay home in New York City. The horrific flooding in her borough further highlights humanity’s need to move climate justice to the very top of our priority list — right now, while we still can.
 
I’m happy to report that we were able to meet face to face with each of the congresswomen and get to know their staffers. We will remain in touch and ready to team up on key issues going forward. In about a week, my colleague and sister in service, Madonna Thunder Hawk, will lead more Lakota elders on a three-day trip to Line 3 to further support Taysha at Camp Migizi. We won’t stop doing whatever it takes to build key alliances and grow this movement to protect Unci Maka, our Grandmother Earth.

Wopila tanka — thank you for standing with our Anishinaabe relatives!
Phyllis Young
Standing Rock Organizer
The Lakota People’s Law Project

Pipeline #3 Action

Lakota Law

Boozhoo,

Yesterday, led by our grandmothers, we took the Line 3 pipeline resistance directly to the Minnesota State Capitol in St. Paul. Emblematic of the deepening solidarity among tribal nations, a caravan of 20 Standing Rock citizens, assisted by the Lakota People’s Law Project, joined us for our “Treaties not Tar Sands” rally.

giving tuesday

Watch: I joined Anishinaabe, Lakota, and other mostly Native speakers yesterday in St. Paul, Minnesota.

An impressive lineup of BIPOC speakers and Minnesota state officials, headlined by White Earth Nation’s Winona LaDuke, addressed more than 2,000 people who showed up to call out Enbridge’s toxic tar sands oil pipeline. Toward the end of the day, we at Camp Migizi took our turn at the microphone. Five Lakota People came onstage with us to acknowledge the importance of resisting pipelines together — and they should know, since they were all at Standing Rock in 2016 and ‘17 during the NoDAPL movement.

Among the more heartfelt and timely messages imparted by our Lakota relatives was a call for unity from elder Sonny Wonase. I invite you to watch highlights from both my talk and his.

Police presence was as strong as ever, including a fence meant to wall state officials off from our prayerful ceremony and pleas for justice. As you can probably guess, that didn’t deter water protectors. At the end of the rally, my fellow organizers read a statement of demands criticizing Governor Tim Walz’s support of the pipeline and militarized response. We also continued to call on President Joe Biden to intervene.

Until we’re heard and acknowledged, we will not be silent. We will not stop taking direct action to end this invasion of our sacred lands and protect our water and manoomin (wild rice). We are carrying forward the tradition of Indigenous activism begun by the American Indian Movement in the 1960s and renewed at Standing Rock five years ago. I express my gratitude to Standing Rock for standing with us now — and to you for holding space with us and Mother Earth. If we come together across our traditional boundaries, if we act with a unified voice and spirit, we can win this fight.

Miigwech — thank you for your support!
Taysha Martinaeu
Camp Migizi 
Via the Lakota People’s Law Project

Terrorists? I think not…

At Standing Rock in 2016, water protectors were labeled as domestic terrorists. I created this short video to counter that claim. We are just the common people out here defending our rights and our lives. The government is supposed to work FOR US. The corporations are business entities that are supposed to be producing things FOR US.

Instead we are getting things done TO US:

Take A Stand.

https://vimeo.com/user20249273

Lakota Law header

Today, water protectors from Standing Rock are still being prosecuted, and — in the troubling cases of Ruby Montoya and Jessica Reznicek — they’re still being labeled as terrorists. Because we cannot allow this dangerous precedent to be used against more people who care for our Grandmother Earth, we’re going to help defend Ruby. Our struggle against the Dakota Access pipeline (DAPL) didn’t end at Standing Rock in 2017, and it won’t be over until every water protector in the crosshairs of the criminal justice system is liberated.

Watch: I interviewed Ruby about her stand against DAPL.

In 2017, Ruby and Jessica engaged in a direct action that damaged an empty section of DAPL’s pipe. Jessica was recently found guilty, given a “terrorism enhancement,” and sentenced to eight years in prison. Ruby’s fate now hangs in the balance as her trial approaches. With litigation support from Lakota Law and the National Lawyers Guild, Ruby is going to fight. Her next hearing is scheduled for Wednesday, Sept. 1.

As Ruby says in this new video produced by our team, humanity is going through a reckoning. In the future, no one will fondly remember the names of corporations that represented the status quo; instead, many people will only wish they had fought harder to protect life on this planet. Nobody who takes a stand to stop extractive destruction should ever be charged with a felony, much less be labeled a terrorist.

Ruby told me that Jessica has never even held a weapon in her hands, and at one point she was considering entering a monastery. And Ruby is a Waldorf School teacher, who vividly remembers kids in her classes crying and losing sleep because Australia and the Amazon were on fire. Ruby’s resistance, like my own back in 2017 that earned me a felony charge, has been motivated only by a desire to give the next generations a destiny they can believe in.

Nothing any of us did comes close to a level of governmental coercion necessary to justify a terrorism enhancement. It’s fallacious to suggest we have that type of power. If the government is being coerced by anyone, it’s the fossil fuel barons who buy politicians to protect their profits. Ruby was invited by an Indigenous community to protect water and help safeguard sacred lands. She showed up. Now, we will have her back, just like she had ours. Please stay tuned as we continue to fight to prevent a grave miscarriage of justice.  

Wopila tanka — thank you for standing for justice!
Chase iron Eyes
Co-Director and Lead Counsel
via the Lakota People’s Law Project

Rights of Nature

https://indiancountrytoday.com/news/rights-of-nature-lawsuits-hit-a-sweet-spot

Mary Annette Pember
Indian Country Today

It’s all about strategy and timing in Indian Country, especially in the legal system.

Shortly after a groundbreaking lawsuit was filed in the White Earth Nation’s tribal court defending the rights of wild rice to fight the construction of Enbridge’s Line 3 pipeline, the United Nations released its 6th Assessment on Climate Change.

The UN report includes an entire chapter dedicated to the powerful role that Indigenous knowledge can play in global development of adaptation and mitigation strategies aimed at addressing climate change.

According to the report, recognition of Indigenous rights, governance systems and laws are central to creating effective adaptation and sustainable development strategies that can save humanity from the impacts of climate change. In this first of three climate change reports, the working group focused primarily on physical science, providing evidence that a climate crisis caused mostly by human activities is upon us.

Boom. The report’s release created the perfect public moment to exert tribal sovereignty and advance the legal theory that nature itself, in this case wild rice, has the right to exist and flourish even in the face of the construction of a massive infrastructure transporting fossil fuel.

The so-called “rights of nature” argument recognizes that nature has rights just as human beings have rights; rather than treating nature as property under the law, rights of nature cases contend that nature, rivers, forests and ecosystems have the right to exist, flourish, maintain and regenerate their life cycles. Further, humans have a legal responsibility to enforce those rights.

According to the Global Alliance for the Rights of Nature, Indigenous cultures recognize the rights of nature as part of their traditions of living in harmony and recognition that all life is connected.

(Related: ‘Code Red’ on Indigenous People’s Day)

For Ojibwe, wild rice or manoomin, “good berry” in the Ojibwe language, is like a member of the family, a relative. Manoomin is more than food, it is a conveyor of culture, spirituality and tradition. Therefore, legally designating manoomin as a person in the White Earth Nation’s lawsuit against the Minnesota Department of Natural Resources aligns with the Ojibwe world view.

Manoomin is considered an indicator species; it is sensitive to changes in water levels and flow reflecting changes in the local climate. The Minnesota Department of Natural Resources reports that the 2021 wild rice harvest in the state’s waterways should be average this year but that low water levels caused by drought will make access difficult. Rice is harvested from a canoe.

Frank Bibeau, attorney for and citizen of the White Earth Nation, blames the Enbridge pipeline construction for exacerbating the lower water levels in neighboring rivers.

Frank Bibeau, citizen of and attorney for the White Earth Nation discusses his legal strategy at gathering at the Shell City campground in Wadena County, Minnesota, June 2021. (Photo by Mary Annette Pember)

Frank Bibeau, citizen of and attorney for the White Earth Nation discusses his legal strategy at gathering at the Shell City campground in Wadena County, Minnesota, June 2021. (Photo by Mary Annette Pember)

“We are seeing rivers along Line 3 that are now essentially dry bottoms with rice growing out of the mud. We can’t get our canoes in to harvest,” he said.

On Aug. 6, manoomin was named as a plaintiff, along with several White Earth tribal citizens and Native and non-Native water protectors who have demonstrated against Line 3, in a complaint filed in White Earth Nation Tribal Court against the Minnesota Department of Natural Resources.

It is only the second “rights of nature” case to be filed in the U.S. and the first to be filed in tribal court. Several tribes, however, have incorporated rights of nature into their laws.

The lawsuit accuses the department of failing to protect the state’s fresh water by allowing Enbridge to pump up to 5 billion gallons of groundwater from construction trenches during a drought that itself is tied to climate change, which increases the pace of extreme weather swings and contributes to lags in the jet stream that keep heat waves, cold snaps and rain in an area for longer periods.

The suit also claims that the department has violated not only the rights of manoomin but also treaty rights for those who hunt, fish and gather wild rice off-reservations in ceded lands. The lawsuit seeks to establish the rights of manoomin, stop the extreme water pumping by Enbridge and stop arrests of water protectors opposing the pipeline at construction sites.

Juli Kellner, communications specialist for Enbridge, wrote an email responding to Indian Country Today’s request for the company’s reaction to the lawsuit.

“Line 3 construction permits include conditions that specifically protect wild rice waters. As a matter of fact, Enbridge pipelines have coexisted with Minnesota’s most sacred and productive wild rice stands for over seven decades,” she said.

“The current drought conditions in Minnesota are concerning to everyone. In response, the Minnesota Department of Natural Resources has suspended the use of some water sources due to low flow in specific watersheds. We are focused on protecting, conserving and reusing water on the Line 3 project. More than 50 percent of pipeline sections being tested on Line 3 by reusing water. We continue to work with agencies on next steps during these drought conditions.

“Enbridge has demonstrated ongoing respect for tribal sovereignty,” she wrote.

Department of Nature Resources spokesperson Gail Nosek said the agency is reviewing the lawsuit and had no comment.

‘Gaining traction’

Exerting tribal sovereignty by filing the lawsuit in tribal court rather than in state or federal court and advancing the legal theory of the rights of nature are unique, according to legal scholars.

“The rights of nature is quickly gaining traction in American legal law,” said Elizabeth Kronk Warner, dean of S.J. Quinney College of Law at the University of Utah. Warner is a citizen of the Sault Ste. Marie Tribe of Chippewa Indians.

“It’s already established in some other countries; the rights of nature is definitely a burgeoning area of law and I think we’ll continue to see it develop,” Warner said.

Courts in Bolivia, Columbia, Ecuador, India and New Zealand have litigated cases based on rights of nature.

The first “rights of nature” case filed in the U.S. came in April in Orange County, Florida, when the state’s waterways filed suit against a housing developer and the Florida Department of Environmental Protection. The suit says that a proposed residential development will destroy acres of wetlands.

But tribal courts have no authority to order the Minnesota Department of Natural Resources to rescind its water permit to Enbridge, according to Matthew Fletcher, a citizen of the Grand Traverse Band of Ottawa and Chippewa Indians and a law professor who is director of the Indigenous Law and Policy Center.

Fletcher agrees, however, that establishing the rights of manoomin as a legal entity in tribal court is a sound strategy.

“Those rights likely would not be recognized on their own in state or federal court; this suit may be a valuable exercise,” Fletcher said.

Attorneys chose to file the suit in White Earth’s tribal court as a means to quickly get the case heard in federal court. Tribal court civil cases involving non-Natives are permitted by consent of the defendant.

Legal scholars say that in this case, the state government would typically seek to have the case removed to the federal courts.

Bibeau said that the Minnesota Department of Natural Resources has already asked to file a motion to dismiss for lack of jurisdiction in the case. Although states and their agencies have their own sovereign immunity from lawsuits, Bibeau thinks that the department won’t be able to dodge the suit even if federal courts return the case to tribal court. The key is asking for a declaratory judgment and injunctive relief rather than monetary damages.

“I don’t think the state has immunity from declaratory judgment,” Bibeau said.

A declaratory judgment declares the rights of the plaintiff without any specific action or award for damages. Injunctive relief restrains a party from engaging in certain actions or requires them to do the actions in a certain way.

“I think that declaratory relief is within the boundaries of tribal court,” Bibeau said.

After the tribal court issues its order, regardless of the state’s participation, it will have created case law to which the federal court can refer when deciding to hear the case or return it to tribal court.

Manoomin or wild rice is more than food for Ojibwe; it conveys culture and tradition. 2020. (Photo by Mary Annette Pember)

Manoomin or wild rice is more than food for Ojibwe; it conveys culture and tradition. 2020. (Photo by Mary Annette Pember)

“I don’t think anybody has tried to sue a state from a tribal court but I don’t think there’s any federal statute against it,” Bibeau said.

“They (the DNR) won’t be able to stop the tribal court order. When we go to federal court based on the simplicity of water and wild rice, we can go a long way because we already have those rights as a sovereign nation,” he said.

Either scenario, according to Bibeau, is a win for plaintiffs.

Looking ahead

Bibeau’s legal strategy, however, is not without pitfalls.

Treaties signed between the Ojibwe and the federal government in 1837 and 1854 guaranteed tribes the right to hunt, fish and gather on ceded lands. The 1855 treaty or Treaty of Washington, however, conspicuously lacks language spelling out this right. The bulk of the Line 3 pipeline runs through 1855 treaty lands.

In 2019, the Minnesota Court of Appeals ruled in favor of the state regarding 1855 treaty rights to hunt, fish and gather on ceded lands. Two Ojibwe men were cited by the state for illegally taking fish from Gull Lake located on off-reservation lands in the 1855 Treaty area. One judge, however, offered a dissenting opinion in the case saying that rights apply to treaties as the Indians at the time would have understood them.

Bibeau represented one of the defendants in this case. “There is nothing in the 1855 Treaty that relinquished rights to hunt, fish and gather on ceded lands,” Bibeau said.

This is known as the reserved rights doctrine; treaties describe the specific rights tribes gave up, not those they retain. In many cases, the federal court has interpreted treaties using the reserved rights doctrine.

The elements of White Earth’s lawsuit that depend on rights to hunt, fish and gather on ceded lands within the 1855 Treaty area are contingent on these rights being affirmed. For instance, plaintiffs claim that the state deprived them of their civil rights by charging them with trespass and other crimes as they protested Line 3 construction; they argue that they were lawfully engaged in exercising their treaty rights.

Minnesota treaty map. Courtesy Mitchell Hamline School of Law

Minnesota treaty map. Courtesy Mitchell Hamline School of Law

Establishing that the 1855 treaty should be interpreted to include hunting, fishing and gathering rights on ceded lands could be a challenge, according to treaty scholars. At least one scholar, who preferred to be quoted anonymously, cautioned that each treaty is different.

Although Warner agreed that establishing treaty rights in this case might not be an easy argument, it would be consistent with existing Indian treaty law.

“Tribes have been having a lot of success in the current Supreme Court; all of the cases relying on treaty rights have been successful,” Warner said.

She pointed to the McGirt case in Oklahoma and the Boldt decision in Washington.

Most of these decisions have been led by Supreme Court Justice Neil Gorsuch. Although considered a conservative, Gorsuch has demonstrated a keen understanding and appreciation of tribal sovereignty and treaty rights expressing respect for the reserved rights doctrine. During his tenure, Gorsuch has ruled in favor of important treaty rights cases such as Herrera v. Wyoming, rejecting past theories of state sovereignty and Washington State Department of Licensing v. Cougar Den affirming the state’s obligations to tribes. Gorsuch served as federal judge on the 10th U.S. Circuit Court of Appeals where he gained extensive experience in Indian law.

“The interesting thing would be if White Earth’s right to nature claim could be incorporated into or run parallel to a treaty right,” Warner said.

The release of the UN’s climate report alongside White Earth’s lawsuit could be auspicious for both treaty rights claims and the rights of nature, according to Warner.

“The urgency of the UN findings make this litigation and advocacy work so much more important now because we literally have a window of time in which to make changes,” Warner said.

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Keystone Pipeline

Fossil Fuels

Requiem for a Pipeline: Keystone XL Transformed the Environmental Movement and Shifted the Debate over Energy and Climate

Its beginnings coincided with a booming oil market, but the pipeline also made a perfect target for activists demanding an end to fossil fuels.

By Marianne LavelleJune 20, 2021 Pipes for the Keystone XL pipeline stacked in a yard near Oyen, Alberta, Canada, on Tuesday, Jan. 26, 2021. Credit: Jason Franson/Bloomberg via Getty Images

Pipes for the Keystone XL pipeline stacked in a yard near Oyen, Alberta, Canada, on Tuesday, Jan. 26, 2021. Credit: Jason Franson/Bloomberg via Getty Images

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It was meant to be an express line from North America’s largest proven oil reserve to its biggest refining center and to deepen the bond between Canada and the United States as petroleum partners.

And it would have stood—or rather, lain—four feet underground, as a 1,700-mile steel monument to humanity’s triumph over the forces that at the time seemed to threaten the future of an oil-driven economy. Conventional oil reservoirs might be running out and alarms might be sounding over the damage that carbon dioxide pollution was doing to the atmosphere, but the Keystone XL pipeline would show America’s determination to carve out ever new oil corridors.

At least, that’s how it looked in 2008, when TransCanada and its partners announced plans to forge a $7 billion link between Alberta’s tar sands and the Texas Gulf Coast. By the time the company now known as TC Energy announced earlier this month that it was giving up the effort to build the pipeline, it was clear that oil could not so easily conquer the realities of the 21st century.

The 13-year fight over Keystone XL transformed the U.S. environmental movement, and dramatically shifted the political center of the American debate over energy and climate change. Instead of trying to get people to care about the future impact of a gas—carbon dioxide—that they couldn’t smell or see, environmentalists began focusing on the connection between climate change and the here-and-now effects of fossil fuel dependence: the takeover of land; the risk to air and water; and the injustice to those in the path of the fossil fuel industry’s plans. President Barack Obama’s presidency was a barometer of this change. Early on, his administration seemed poised to approve Keystone XL. Near the end of his second term, Obama became the first world leader to block a major U.S. oil infrastructure project over climate change.

But as Keystone XL’s brief revival under President Donald Trump demonstrated, the battle over oil’s future is far from over. Climate activists are pushing for President Joe Biden to stop Line 3, another Canadian tar sands pipeline now under construction in Minnesota. But the larger issue for the climate action movement is whether the United States can enact a comprehensive policy that truly reshapes energy use, as Biden has pledged to do, phasing out dependence on oil and  its imprint on the American landscape. 

‘Drill, Baby, Drill’

TransCanada announced its plan to build the Keystone XL in July 2008. In the oil and gas industry’s view it seemed impeccable timing, coinciding with a surging oil market. The price of crude soared past $140 a barrel that month; no one knew at the time that the record price was a peak the market would never hit again. It seemed like the world was entering an era of sustained high oil prices that would pump nothing but profit out of the energy-intensive production of thick, sticky bitumen from the sandy soil of remote Alberta. 

Politically, a proposal to double the amount of Canadian oil coming into the United States also seemed well-timed. Even though both candidates for the 2008 presidential election said they favored action on climate change, there was no talk of it on the campaign trail or in debates. A bill to cut U.S. carbon emissions died in the Senate that summer, with neither Republican John McCain nor Democrat Barack Obama showing up to vote. People were worried about high gasoline prices. The chant that shook the rafters at the Republican convention was “Drill, Baby, Drill.”

But the timing of TransCanada’s project also made the pipeline a perfect target for a ferocious backlash against both the fossil fuel industry and government inaction on climate change.

After Obama won the election and Democrats gained control of Congress, there was at first little sign that Keystone XL was in trouble, certainly not over its climate impact. International climate talks in Copenhagen in 2009 failed to yield an agreement. And with Obama’s House-passed climate bill foundering in the Senate, the president sought to win support from moderate Democrats by making concessions on oil. In early April 2010, he announced a plan to reverse a long-standing ban on offshore drilling on the Atlantic coast. Secretary of State Hillary Clinton’s department then released a draft environmental impact statement that seemed to clear the way for Keystone XL, concluding that its environmental impact would be “limited.”

President Barack Obama speaks at the southern site of the Keystone XL pipeline on March 22, 2012 in Cushing, Oklahoma. Credit: Tom Pennington/Getty Images
President Barack Obama speaks at the southern site of the Keystone XL pipeline on March 22, 2012 in Cushing, Oklahoma. Credit: Tom Pennington/Getty Images

Five days later, BP’s Deepwater Horizon oil rig exploded. And over the next 87 days, more than 200 million gallons of oil spewed into the Gulf of Mexico, threatening ecosystems and the fishing and coastal economies, in what is regarded as the worst accidental marine oil spill in the history of the oil and gas industry. An orange sheen on the water, tar balls washing up on beaches and oiled pelicans provided vivid evidence that despite its claims to safety, the oil industry made mistakes and took shortcuts. And its plans for controlling a catastrophe were inadequate. 

While the Deepwater Horizon well was still gushing, another historic U.S. oil disaster began to unfold that got less attention, but had even more relevance to Keystone XL. More than 1 million gallons of diluted Canadian bitumen spilled into a tributary of the Kalamazoo River from a ruptured pipeline in Marshall, Michigan. The heavy oil didn’t float, as conventional oil would; it sank to the river bottom, fouling 36 miles of the river and forcing 150 families permanently from their homes. The pipeline company, Enbridge, never informed federal officials of the complexity of handling heavy oil. It became the costliest inland oil spill in U.S. history, with a clean-up price tag of more than $1 billion.

The Kalamazoo spill was a turning point for ranchers and other landowners in the path of the Keystone XL, as Sue Kelso of Oklahoma told Inside Climate News in 2012. “I live in fear that this pipeline will go through and ruin all the water,” she said at the time. Kelso took TransCanada to court to fight its effort to obtain a pipeline easement on her family farm using eminent domain. Scores of ranchers and other landowners followed suit. 

The fear and anger of landowners on the Keystone XL corridor was mounting at the precise moment that climate activists were confronting the strength of the forces lined up against them in Washington, D.C. Obama failed to push the Democratic-controlled Congress to act on climate, and the window of opportunity shut when Republicans regained control over the House in the 2010 midterms. “The environmental movement was in a dismal place following years of failed inside-the-beltway strategy,” Bob Wilson, a Syracuse University geographer who studies the environmental movement, recalled several years ago.

Climate activists needed a new game plan, and they looked to the indigenous tribes and conservative ranching communities of the Great Plains who were fighting Keystone XL.

Building a Sense of Trust

No one did more to build common cause between local communities and environmental groups than Jane Kleeb, a professional organizer who had moved to Nebraska to raise a family. She founded a group, Bold Nebraska, that did more than lobby, litigate and protest. It planned creative events to connect citizens from diverse cultural and political backgrounds—a renewable energy barn-raising, a large crop art project and a Harvest of Hope concert, held on a family farm and featuring Willie Nelson and Neil Young. Defying the historic tension between ranchers and Native American tribes in northern Nebraska, Bold Nebraska helped forge a Cowboy Indian Alliance (CIA) to fight a common foe—Keystone XL.

“We had this responsibility and sense of trust with one another, so that the tactics of divide and conquer that they normally would use never worked on this fight,” said Kleeb. “We helped change the face of what an environmentalist or climate activist looks like. You had people who were directly impacted by the pain, or potential consequences of these projects coming forward, being the ones to speak out, rather than kind of highly educated, you know, more coastal environmentalists.”

Environmentalists changed their methods, too. This August will mark the 10th anniversary of the first of a series of sit-ins against Keystone XL at the White House, organized by environmental author-turned-activist Bill McKibben and the organization he co-founded, 350.org. More than 1,250 people were arrested, including McKibben, climate scientist James Hansen and Sierra Club executive director Michael Brune, who ended the group’s 120-year prohibition against acts of civil disobedience.

Protesters sit in front of the White House in Washington, D.C., on Aug. 30, 2011, during a protest against the construction of the Keystone XL pipeline. Credit: Saul Loeb/AFP via Getty Images
Protesters sit in front of the White House in Washington, D.C., on Aug. 30, 2011, during a protest against the construction of the Keystone XL pipeline. Credit: Saul Loeb/AFP via Getty Images

“This particular project—Keystone XL pipeline—is so horrendous, it’s so wrong, and it’s being proposed at such an important time that we don’t want to leave any tool on the table,” Brune said at the time. 

Little by little, the Obama administration changed course. In 2015, the Environmental Protection Agency calculated that the energy required to process tar sands oil and transport it through Keystone XL would generate 1.3 billion more tons of greenhouse gas emissions over the pipeline’s 50-year lifespan than if it were carrying conventional crude. In November 2015, on the eve of Paris climate talks where Obama hoped to seal his legacy with a landmark global deal to cut carbon emissions, he rejected the Keystone XL as counter to the role of the United States as a global climate leader.

“Once the grass-roots movement on the Keystone pipeline mobilized, it changed what it meant to the president,” presidential historian Douglas Brinkley told The New York Times. “It went from a routine infrastructure project to the symbol of an era.”

Beyond the Keystone XL

The Keystone XL battle spawned other pipeline showdowns, altering the U.S. political landscape, with results that are still unfolding. Young activists visited the protest site in North Dakota where the Standing Rock Sioux tribe faced off against the Dakota Access pipeline in 2016. Among them was a former Bernie Sanders campaigner, Alexandria Ocasio-Cortez, who was inspired by the experience to run for office herself under the banner of environmental justice and climate action.

Dakota Access was completed, one of the few accomplishments of Trump’s drive to accelerate oil and gas infrastructure. But a judge ruled that Trump illegally sidestepped environmental review of the project, which is now in the Biden administration’s hands. In the face of unrelenting local opposition and low energy prices, Williams Company, an energy firm, canceled a planned natural gas pipeline in New York State, and Dominion Energy withdrew its plan for a pipeline cutting across the Appalachian Trail in Virginia.

As for Keystone XL, it was stalled by litigation throughout the Trump administration, and the economics also went south. With oil prices half of what they were in 2008, and banks and investors pulling out of Canadian tar sands projects, TC Energy was relying on the Alberta government for financing and loan guarantees. The pipeline was only 8 percent built when Biden canceled its border-crossing permit on his first day in office.

But even as pipelines were blocked, frackers were tapping new stores of oil in the shale rock beneath West Texas, North Dakota and New Mexico. Over the 13-year battle over Keystone XL, the United States regained its spot as the leading oil producer, in a world that is on track to consume a record 101 million barrels of crude per day by next year. 

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Beyond the Keystone XL, Biden has sought to avoid getting pulled into pipeline battles. Instead, he has pursued what one analyst described as a “demand-side” policy: seeking to lay the groundwork for a clean energy future that would dry up demand for oil. To meet Biden’s Paris climate agreement pledge of cutting U.S. carbon emissions in half by 2030, an estimated half of new cars sold would by then have to be electric.

But Biden’s climate plan, including the funding of an electric vehicle charging network and other infrastructure essential for a clean energy future, is facing roadblocks in an evenly and deeply divided Congress. And while that inside-the-beltway fight continues, hundreds of climate activists are chaining themselves to construction equipment in Minnesota, seeking to stop Enbridge from replacing an aging Canadian tar sands pipeline. They are calling on Biden to withdraw Enbridge’s permits for Line 3, just as he did for Keystone XL, without waiting for policy that one day, in theory, will eliminate the need for oil pipelines.

“Biden has to make an aggressive step in saying if we’re going to hit these climate change goals that we’ve set out, that means we cannot continue to build fossil fuel projects,” said Kleeb.

But, she said, she worries about division. With her voice breaking, she recalled a confrontation at a bar in Minnesota between her group of climate and tribal activists and a huddle of local residents. Her group began to leave the bar, but Kleeb turned around and went back. “Knowing what I just spent a decade doing in Nebraska, I can’t leave with them thinking that we’re these out-of-touch liberal elites, and not know why we’re fighting this pipeline,” she said. The evening ended with laughter and high-fives, she said, after some discussion of eminent domain, and foreign tar sands oil crossing their state to head for export markets.

Kleeb said she feels that not enough time has been spent building bridges between the activist and rural communities. And she thinks that’s a lesson for Biden and the larger drive for a clean energy transition, which would require the build-out of renewable energy in red states.

“A lot of people are very skeptical of corporations pushing wind and solar because they haven’t been treated well, and they haven’t really been engaged in the conversations around climate,” Kleeb said. “So there’s a lot of work to do.”

Marianne Lavelle

Reporter, Washington, D.C.

Marianne Lavelle is a reporter for Inside Climate News. She has covered environment, science, law, and business in Washington, D.C. for more than two decades. She has won the Polk Award, the Investigative Editors and Reporters Award, and numerous other honors. Lavelle spent four years as online energy news editor and writer at National Geographic. She spearheaded a project on climate lobbying for the nonprofit journalism organization, the Center for Public Integrity. She also has worked at U.S. News and World Report magazine and The National Law Journal. While there, she led the award-winning 1992 investigation, “Unequal Protection,” on the disparity in environmental law enforcement against polluters in minority and white communities. Lavelle received her master’s degree from Columbia University Graduate School of Journalism, and is a graduate of Villanova University.